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1

McGREGOR W. SCOTT

United States Attorney

PHILLIP A. TALBERT

Assistant U.S. Attorney

501 I Street, Suite 10-100

Sacramento, California 95814

Telephone: (916) 554-2789

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, )

) CR. No. 2:04-cr-0388-MCE

Plaintiff, )

) STIPULATION TO SET NEW MOTIONS

v. ) SCHEDULE AND TO EXCLUDE TIME;

) ORDER

CASSANDRA MUNIZ, et al. )

)

Defendants. )

______________________________)

It is hereby stipulated between the parties, Plaintiff United

States of America, by and through United States Attorney McGregor W.

Scott and Assistant United States Attorney Phillip A. Talbert,

Defendant Cassandra Muniz, through her attorney Candace Fry,

Defendant Tyson Trotter, through his attorney Barry Voss, Defendant

Rogelio Zuniga, through his attorney Frank DiGiacomo, Defendant

Caidez Saul Garcia, through his attorney Walter Urban, Defendant

Juan Pablo Velazquez, through his attorney Victor Haltom, Defendant

Pancho Aceka, through his attorney Daniel Hustwit, Defendant Brady

Morse, through his attorney Krista Hart, and Defendant Juan Ayon

Sandoval, through his attorney Kirt Hopson, as follows:

On June 13, 2006, the Court set a briefing schedule in this

matter and a motions hearing date of October 3, 2006, at 8:30 a.m.;

///

Case 2:04-cr-00388-MCE Document 168 Filed 09/28/06 Page 1 of 4
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2

Earlier, on May 16, 2006, Defendant Cassandra Muniz filed a

joinder in six motions previously filed by co-Defendant Angel Gomez,

who later entered a guilty plea in the case;

The parties are involved in negotiations to attempt to resolve

this case;

The defendants need additional time to research and prepare

possible additional pretrial motions and supporting memoranda, which

need will be obviated for any defendant whose case is resolved;

The parties request a new briefing schedule and hearing date be

set as follows: motions to be filed by November 7, 2006;

government’s oppositions to be filed by December 12, 2006;

defendants’ optional reply briefs to be filed by December 19, 2006;

and non-evidentiary hearing on the motions set for January 9, 2007,

at 8:30 a.m.; and

The parties request that time be excluded until the date of

hearing for effective preparation of counsel, both with respect to

the motions and the case, and due to the case’s complexity, pursuant

to Local Codes T4 and T2, and 18 U.S.C. §3161(h)(8)(B)(iv) and (ii).

Dated: September 22, 2006 /s/Candace Fry 

CANDACE FRY

Attorney for Defendant

CASSANDRA MUNIZ

 By PAT per email authorization

Dated: September 22, 2006 /s/Barry Voss 

BARRY VOSS

Attorney for Defendant

TYSON TROTTER

 By PAT per telephone authorization

Dated: September 22, 2006 /s/Frank DiGiacomo 

FRANK DIGIACOMO

Attorney for Defendant

ROGELIO ZUNIGA

 By PAT per telephone authorization

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3

Dated: September 22, 2006 /s/Walter Urban 

WALTER URBAN

Attorney for Defendant

CAIDEZ SAUL GARCIA

 By PAT per telephone authorization

Dated: September 22, 2006 /s/Victor Haltom 

VICTOR HALTOM

Attorney for Defendant

JUAN PABLO VELAZQUEZ

 By PAT per email authorization

Dated: September 22, 2006 /s/Daniel Hustwit 

DANIEL HUSTWIT

Attorney for Defendant

PANCHO ACEKA

 By PAT per telephone authorization

Dated: September 22, 2006 /s/Krista Hart 

KRISTA HART

Attorney for Defendant

BRADY MORSE

 By PAT per telephone authorization

Dated: September 22, 2006 /s/Kirt Hopson 

KIRT HOPSON

Attorney for Defendant

JUAN AYON SANDOVAL

 By PAT per telephone authorization

McGREGOR W. SCOTT

United States Attorney

Dated: September 22, 2006 /s/Phillip A. Talbert 

PHILLIP A. TALBERT

Assistant U.S. Attorney

Attorney for Plaintiff

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4

 ORDER

GOOD CAUSE APPEARING, the previously set motions schedule and

hearing date of October 3, 2006, are vacated, and a new hearing date

of January 9, 2007, at 8:30 a.m. is set with the parties. The

motions briefing schedule is as follows: motions to be filed by

November 7, 2006; government’s oppositions to be filed by December

12, 2006; and defendants’ optional reply briefs to be filed by

December 19, 2006. Time will be excluded from the date of this

Order until January 9, 2007, for effective attorney preparation and

complexity under both Local Codes T4 and T2 and 18 U.S.C.

§3161(h)(8)(A) and (B)(iv) and (ii).

Dated: September 28, 2006

_____________________________

MORRISON C. ENGLAND, JR

UNITED STATES DISTRICT JUDGE

Case 2:04-cr-00388-MCE Document 168 Filed 09/28/06 Page 4 of 4